Texas Government Chapter 9

Civil Law

Branch of law dealing with disputes between individuals over relationships, responsibilities, and obligations.

Plaintiff

Person who files a civil complaint and seeks legal remedy.

Defendant (Civil Case)

Person or entity accused in a civil case; files an answer to allegations.

Contingent Fee

Payment method where a lawyer is paid a portion of the damages only if the plaintiff wins.

Tort

A civil wrong that causes harm to another person, often remedied with monetary damages.

Arbitration

Process where disputing parties agree to abide by a neutral decision-maker’s binding ruling.

Mediation

Process where disputing parties work to reach a mutual agreement with a mediator’s help.

Preponderance of the Evidence

Standard of proof in civil trials; plaintiff must show it’s more likely than not the defendant caused harm.

Appeal (Civil Case)

Request for a higher court to review a trial court’s decision.

Criminal Law

Branch of law regulating conduct, defining crimes, and setting punishments.

Plaintiff (Criminal Case)

The state, represented by a prosecutor.

Defendant (Criminal Case)

Accused person, represented by a hired or court-appointed attorney.

Felony

Serious crime punishable by imprisonment or death.

Misdemeanor

Less serious crime, typically punishable by fines or short jail time.

Grand Jury

Panel that determines if enough evidence exists to justify a criminal trial.

Indictment

Formal charge issued by a grand jury stating a trial is warranted.

Bench Trial

Trial without a jury; decided solely by a judge.

Plea Bargain

Negotiated agreement where defendant pleads guilty in exchange for reduced charges or sentence.

Trial by Jury

Defendant’s right to a jury trial; 12 jurors for felonies, 6 for misdemeanors.

Beyond a Reasonable Doubt

Standard of proof in criminal cases requiring high certainty for a guilty verdict.

Appeal (Criminal Case)

Legal challenge to a verdict, often due to alleged trial errors.

Texas Court of Criminal Appeals

Highest criminal appellate court in Texas.

Texas Supreme Court

Highest civil appellate court in Texas; consists of 9 elected justices.

Courts of Appeal

14 intermediate appellate courts reviewing district and county court decisions.

District Courts

Major trial courts in Texas with general jurisdiction over civil and criminal cases.

Specialty Courts

Courts focusing on specific issues like drug addiction, mental health, and prostitution.

County Courts

Exist in rural counties; handle probate cases and serious misdemeanors.

Statutory County-Courts-at-Law

Courts with jurisdiction over less serious civil and criminal cases in populous counties.

Statutory Probate Courts

Specialized courts handling probate and guardianship cases.

Justice of the Peace Courts

Local courts handling minor misdemeanors and small claims.

Municipal Courts

Local courts handling city ordinance violations and minor criminal offenses.

Judicial Selection in Texas

Judges are elected, making the process highly political and partisan.

Governor’s Appointment Power

Appoints judges to fill vacancies in district and appellate courts.

Judicial Partisanship

Judicial elections in Texas are partisan and increasingly influenced by political competition.

Campaign Contributions

Lawyers, lobbyists, and interest groups are primary donors in judicial elections.

Judicial Campaign Fairness Act

Limits contributions to $5,000 per individual and $30,000 per law firm per candidate.

Merit Selection

Proposed reform where judges are nominated, appointed, and then retained via public election.

Straight-Ticket Voting

Banned in Texas to encourage informed selection of individual candidates.

2018 Judicial Election Losses

Defeats of Republican judges spurred renewed calls for judicial reform.

Representation on the Bench

Women and minorities are underrepresented despite making up half of Texas’s population.

Judicial Reform Goals

Increase diversity, depoliticize judicial elections, improve transparency and fairness.

Judicial District Overlap

Texas court districts often overlap, causing inefficiencies and conflicting rulings.

Judicial Efficiency Concerns

Lack of one person–one vote principle leads to irrational districting.

Judicial Experience

Advocated by Texas Chief Justice as essential for effective judiciary.

Judicial Salaries & Funding

Often underfunded; court operations rely on local budgets and resources.

Civil Forfeiture

Law enforcement practice of seizing property suspected of involvement in crimes.

Burden of Proof (Forfeiture Cases)

On the property owner to prove innocence.

Forfeiture Abuse

Has led to scandals, budget padding, and wrongful seizures.

Harris County Seizures (2018–2020)

$15.9 million gained from forfeitures, with $7.5 million spent on salaries and overtime.

Regulating the Legal Profession

Requires JD degree, passing the bar exam, and licensure by the State Bar of Texas.

State Bar of Texas

Professional organization that also acts as a government agency enforcing legal ethics.

Judicial Conduct Oversight

State Commission on Judicial Conduct investigates misconduct and can discipline judges.

Judicial Conduct Commission Makeup

Includes attorneys, judges, and public members appointed by various authorities.

Judiciary and Texas Politics

Judicial elections have become highly partisan with growing political influence.

Future of Judicial Reform

Remains a contentious topic with ongoing debates over merit, diversity, and politicization.